Work-Related Personal Injury Cases

In today’s video, Attorney Ben Schwartz shares a story about work-related personal injury cases.

Work-Related Personal Injury Cases

Hi, I’m Attorney Ben Schwartz,

I want to tell you a quick story about a work-related personal injury case that everyone should know about, even if you have not had a work-related injury. I was walking through the mall shopping with my family one weekend and ran into a friend. She was wearing a tank top and had a great big scar on her shoulder. She told me that she was injured on the job. I said to her, “have you gone to a lawyer to find out about your legal rights?” She told me that she did not think she needed to, because she was doing very well with the workers’ compensation insurance adjuster.

The workers’ compensation insurance company was paying her lost wages. The insurance company was paying her medical bills and they were not giving her any trouble, so there was no need to go to an attorney. I said, that is really the biggest mistake that you can make in a workers’ compensation case, because the insurance adjuster may be paying your medical bills. The insurance adjuster might be covering your lost wages while you are out after the surgery, but they are not telling you what you are missing.

They are not there to tell you what you have and you have a claim for disfigurement. If you have a surgery scar that I can see walking through the mall, that is a claim for disfigurement for potentially thousands and thousands of dollars. There are other claims that they are not going to tell you about. They are not going to volunteer the information, so go to a lawyer in the jurisdiction, the state and County where your work injury happened and so she did. I found out today that the attorney was successful in getting her compensation for that scarring, for that disfigurement claim, and it was thousands of dollars. I told her I like Coors Light beer, send me a six-pack, you can thank me that way!

My point to you is, if you are watching this video, if you have had a work-related injury or a friend or family member has had a work-related injury, even if you are in a situation where the insurance company seems to be doing the right thing, they are not telling you what you are missing. Unless you go to an attorney that handles these types of claims, in the jurisdiction where the accident happened, you are not going to find out what you are missing. I’m Attorney Ben Schwartz & I hope you enjoyed watching this video. Hopefully you can help someone out there in the community. If you have questions for me send me an email below. Thanks for watching.

Work-Related Personal Injury Cases

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

 

I was injured in a car accident, does my spouse have the right to make a claim?

In today’s video, Attorney Ben Schwartz answers a question from John in Rehoboth Beach, Delaware, “I was injured in a car accident, does my spouse have the right to make a claim?”

I was injured in a car accident, does my spouse have the right to make a claim?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from John in Rehoboth Delaware. John wrote-in and he said, “I was injured in a car accident & it was not my fault. I would like to make a claim, but what I really want to know is, does my spouse have the right to make a claim?”

This is a really good question: The answer is, it is called a loss of consortium claim. Loss of consortium is a type of personal injury claim where the spouse, who has been affected within the marital relationship, has a right to receive compensation for the effects of the marital relationship.

I will give you an example; let’s say that if you are injured in an accident, you are rear-ended by a drunk driver while you are stopping at a red light. You sustain shoulder injuries in this accident and typically you would be mowing the grass and doing things around the house, but now you cannot because your arm is in a sling. Your spouse is going to go do the grass, do the hedges, do the things around the house that you normally would have done. Now your spouse has a right to sue the at-fault driver who rear-ended you and the right to receive compensation for the ways that this accident and your injuries have affected the spouse in the marital relationship.

In order to make a loss of consortium claim, now John I am assuming you are from Rehoboth Delaware. I am assuming that the accident was also in Delaware, so the Delaware law applies to everything here to make this claim. Your spouse would have to have been your legally married spouse as of the day of the accident. You have to be able to establish through some confident evidence that there has been an effect on the marital relationship with your spouse picking up the slack. We would do that through her testimony that she has had to pick up the slack.

As trial lawyers, we are looking for documentary evidence. For example, you typically mow the grass and do the hedges. Is your spouse going to be able to produce some credit card receipts, where they went to the True Value hardware and got supplies for lawn care? Are your neighbors going to be able to come-in and testify that the spouse has had to pick up the slack, that typically for the last 10 years, you are the only one out there doing the yard work, but now your spouse is doing the yard work?

These are the things we want to look at to see if we can get documentation. But, the direct answer to your question is, Yes there is a right to receive compensation under a Delaware loss of consortium claim. Thanks for asking the question, it is a very good question. I’m Attorney Ben Schwartz. If you have questions for me about personal injury cases, car accident, dog bite cases, or slip and fall cases, send me an e-mail below and maybe we can answer them here, in video format, or on our blog. Thanks for watching!

I was injured in a car accident, does my spouse have the right to make a claim?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

How is it that I can be sued for causing the accident when I beat the ticket?

In today’s video, Personal Injury Attorney, Ben Schwartz, answer a viewers question: “How is it that I can be sued for causing the accident when I beat the ticket?”

How is it that I can be sued for causing the accident when I beat the ticket?

Hi, I am Attorney Ben Schwartz,

I’m coming to you today with another AMA (ask me anything). Someone just pointed this out to me, that what we are doing is called an AMA. I did not have a term to articulate what we are doing. You can send in your questions and I will answer them; you can ask me anything!

Today’s question is from Robert in Wilmington, Delaware. He says, “I got in a car accident. I got a traffic ticket for inattentive driving. I went to court and beat the ticket, but now I am being sued by the other driver, who claims they were injured.” Robert wants to know, how is it that I can be sued for causing the car accident when I beat the ticket? The answer is, there are two cases when you get in a car accident and you get the ticket, it is a traffic ticket case, or a criminal case, and it precedes through the Justice of the Peace Court, criminal court, or it proceeds through the court of common pleas on the criminal track.

If you win the ticket case, that does not mean you cannot be sued in a civil personal injury case. It is two separate cases and the outcome of one might have an effect on the outcome of the other. For example, if you go to court and you are convicted for causing the accident, you are convicted of inattentive driving, after a trial and then you are sued in the civil case, they may use that against you. The outcome from one may affect the outcome from the other, but it is truly two separate cases. If you win one, that does not mean that the other case cannot go forward.

I hope that answers your question. If you are being sued, you need to contact your automobile insurance company. They have an obligation to provide you with an attorney, at no cost to you, to defend you in that civil personal injury case. I’m Attorney Ben Schwartz and I hope you enjoyed watching this video. If you have questions for me, send me an email below.

How is it that I can be sued for causing the accident when I beat the ticket?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer

Facebook Message Schwartz Lawyers

Are You Supposed To Have Your Headlights On When It Is Raining?

In today’s video, Attorney Ben Schwartz answers a viewer question: “Are you supposed to have your headlights on when it is raining?”

Are You Supposed To Have Your Headlights On When It Is Raining?

Hi, I’m Attorney Ben Schwartz,

I am coming to you today from a very rainy Delaware Avenue in Wilmington, Delaware. We are going to answer a quick question. The question is, “Are you supposed to have your headlights on when it is raining?” The answer is, yes.

In most, if not all states, there is a law that says, “if it is raining and your windshield wipers are going, you need to have your headlights on.” The reason for it is not to help you see better. If you have a day where there is plenty of light, even though it is not sunny, there is plenty of light, but it is raining, having your headlights on is not going to increase your ability to see what is in front of you. What it does is, it helps other motorist to see you coming and that can make the difference between life and death. That can make a the difference between a safe, but rainy and dangerous ride.

If you have your windshield wipers wiping, you should have your headlights on. Try and stay safe out there. Try and stay dry. If you can avoid going out and driving in the rain, avoid it. Do the safe thing and hopefully you will keep yourself and your family and your friends safe as well. If you have a question for me, send me an email below. Thanks very much for watching.

Are You Supposed To Have Your Headlights On When It Is Raining?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

In a hurry? Send us a quick Email.

Your Name (required)

Your Email (required)

Telephone (required)

Subject

Your Message

Email Disclaimer